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2025 DAILYLAW 19152 (JHR)

ASRUDDIN MOMIN v. THE STATE OF JHARKHAND

Cr.A(DB)/912/2025 · 2025-08-28

Pradeep Kumar Srivastava, Rongon Mukhopadhyay

Criminal Appealbody2025

Judgment text

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Neutral Citation No. ( 2025:JHHC:25762-DB ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (D.B.) No. 912 of 2025 With Criminal Appeal (D.B.) No. 972 of 2025 --- Asruddin Momin son of Hussain Momin, R/o Barhait Santhali, District Sahibganj … … Appellant (in Cr. Appeal DB No. 912 of 2025) Md. Hashim Reja S/o Afzal Sheikh @ Afjal Shekh, R/o Dakshin Piyapur, PO & PS Radhanagar, District Sahibganj … … Appellant (in Cr. Appeal DB No. 972 of 2025) Versus The State of Jharkhand … … Respondent --- CORAM: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY : HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA --- For the Appellants : Mr. Gautam Kumar, Advocate : M/s. Pratiush Lala & Deepak Sahu, Advocate For the Respondent : Mr. Pankaj Kumar, P.P. --- 5/28.08.2025 Since both these appeals arise from a common FIR, these are being disposed of by this common order. Heard Mr. Gautam Kumar, learned counsel appearing for the appellant in Cr. Appeal (DB) No. 912 of 2025 & Mr. Pratiush Lala, learned counsel appearing for the appellant in Cr. Appeal (DB) No. 972 of 2025 and Mr. Pankaj Kumar, learned P.P. appearing for the State. Both these appeals are directed against the order dated 13.06.2025 passed by the learned Additional Sessions Judge I, Sahibganj in connection with B. P. No. 135 of 2025 and 134 of 2025 respectively arising out of SBG/G.R.P.S. Case No. 13 of 2025 whereby and whereunder the prayer for bail of the appellants have been rejected. It has been alleged that 5 minor children were apprehended from the railway station and it was suspected that that appellants were involved in human trafficking and were taking them to another State. -2- Submission has been advanced by the learned counsel for the appellants that out of the 5 children, 2 children have named the appellant - Asruddin Momin as the person who was taking them out of the station while 3 children have named the appellant - Md. Hashim Reja. It has further been submitted that the appellants are in custody since 24.04.2025 and none of the appellants have any antecedents. Learned A.P.P. for the State has opposed the prayer for bail of the appellant. On consideration of the fact that the victims were recovered and the period of custody undergone by the appellants apart from the fact that the appellants have no criminal antecedents, we while setting aside the order dated 13.06.2025 passed by the learned Additional Sessions Judge I, Sahibganj in connection with B. P. No. 135 of 2025 and 134 of 2025 respectively, direct that the appellants above named be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Railway J. M., Sahibganj in connection with G.R.P.S. Barharwa Case No. 13 of 2025 corresponding to Rly. G. R. No. 30 of 2025. These appeals are allowed. (Rongon Mukhopadhyay, J.) (Pradeep Kumar Srivastava, J.) R. Shekhar Cp 3